logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.09.05 2018나20836
약정금
Text

1. The part concerning the counterclaim of the first instance judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. C Co., Ltd. conducting real estate development business (hereinafter “C”) was established on July 7, 2014. At the time, M was held as an inside director, L, and auditor, respectively, and I was appointed as a representative director.

B. From August 2014, C purchased and developed the same (hereinafter referred to as “instant real estate”) 3,646 square meters and E large 4,463 square meters (hereinafter referred to as “instant real estate”) from Esipool Lease Co., Ltd. (hereinafter “Epool Lease”) from Epool Lease Co., Ltd. from around August 2014.

C. F introduced the instant project to the Plaintiff, and the Plaintiff paid KRW 100,000,000 on September 1, 2014, and KRW 210,000,000 on September 12, 2014, to Eolol Lease under the name of the instant real estate sales contract, and paid KRW 200,000,000 on September 12, 2014, by offering the land in the name of the spouse as security and lending KRW 200,00,000 from G as the said sales contract amount.

On September 12, 2014, the Plaintiff paid a total of KRW 510,00,000 to C as above, and took over KRW 7,200 in the name of the Plaintiff among KRW 30,00 of shares of C, KRW 7,500, and KRW 7,200 in the name of H, F, and taken over as the representative director of C on the same day. The former representative director, I resigned on the same day. The registration of his/her taking office and resignation was completed on September 15, 2014, which is the first day of the following week.

E. On September 2014, the Defendant introduced the instant project from O and lent money equivalent to KRW 600 million to the Plaintiff and F with respect to the said project, but received KRW 1.2 billion, an equal amount after six months, and entered into a performance agreement between the Plaintiff and the Plaintiff on September 12, 2014 (hereinafter “instant agreement”) with the following content.

Performance Agreement A: B: C Representative Director A, A, and B, of the Co., Ltd. shall agree as follows:

A. L. L. L.I.

1. B agreed to pay a sum of KRW 1.2 billion to A by March 12, 2015, and for any reason, this amount and the date of repayment.

arrow